Flood lawsuit adds top health official

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Flood lawsuit adds top health official

Toledo Blade - Toledo,OH

By TOM TROY

BLADE STAFF WRITER

http://toledoblade.com/apps/pbcs.dll/article?

AID=/20061222/NEWS16/61222021

The lawsuit blaming the city of Toledo for the floods that damaged

dozens of homes last summer was expanded yesterday with a request

that the Lucas County health commissioner test the affected homes

for mold.

The suit filed in Lucas County Common Pleas Court claims Health

Commissioner Grossman has not adequately tested for air and

surface contamination after sewage " invasions " starting June 21 in

homes in West and southwest Toledo.

Detroit attorney Bazzo, who is leading the class-action

suit, said he asked for a court order requiring Dr. Grossman to test

and decontaminate homes that were flooded.

" These folks are out of money, don't have insurance coverage, " Mr.

Bazzo said after filing his amendment to the suit yesterday. " These

folks actually had sewage in their homes. They were trudging around

in sewage. "

The suit, originally filed Nov. 2, names the city, the Lucas County

commissioners, Lucas County Engineer Earley, CSX

Transportation, Arcadis G & M of Ohio, Norfolk Southern Corp., and BP

Pipelines North America Inc. as defendants.

The suit accuses the defendants of design and maintenance failures

with the Shantee Creek and Haefner Ditch.

As plaintiffs, it lists 102 people in the Park area of West

Toledo area and 16 residents of Longwood Park near Reynolds Road and

Dorr Street.

Dr. Grossman said the health department has responded to all calls

for help during and after the flooding.

He also said the health department has no money or authority to

conduct actual decontamination.

" We've been to these homes. We did house-to-house inspecting. If

there's an issue or an illness, we'd definitely go in and inspect

and see what needs to be done, " Dr. Grossman said.

He said homeowners were instructed in detail how to rid their

basements of mold.

He said he was aware of but could not immediately comment on the

case of Tim Kalka, a West Crawford Avenue resident who was

hospitalized with what was described as septic pneumonia after

having spent several days cleaning his basement.

Mr. Kalka and his wife, Bonnie, are plaintiffs in the suit.

Reinbolt, chief of staff for Mayor Carty Finkbeiner, said the

city advised homeowners on how to combat mold, which is caused by

dampness and which can cause respiratory illness.

" I don't see it as our responsibility that we go in and clean up

each of those homes.

This is a situation that was caused by an act of nature, not by us, "

Mr. Reinbolt said.

The extent of respiratory ailments caused by the flooding is not

spelled out in the suit.

Mr. Bazzo said, " I have probably at least a dozen households that

complained of breathing difficulties, allergic reactions, rashes. "

The city has denied any fault in the design of the ditches, and said

the flooding was the result of record amounts of rainfall.

However, the city has speeded up and expanded its plans for

upgrading Shantee Creek.

The plaintiff's law firm, , Jilek, Lafferty, Gallagher &

, has sent letters to homeowners and held several meetings for

possible plaintiffs.

Additional meetings are set for noon and 3 p.m. Jan. 13 at the UAW

Local 14 Hall, 5411 Jackman Rd.